Regulation 65 Charges

(1)

Notwithstanding the power to make a charging scheme under section 41 of the Environment Act 1995 M1, the Environment Agency and SEPA may impose the charges set out in paragraph (2) until—

(a)

those charges are superseded by such a charging scheme; or

(b)

1st April 2013,

whichever is the earlier.

(2)

The charges referred to in paragraph (1) are—

(a)

the application charge (which is required to be paid under regulation 58(c)) set out in paragraph (3);

(b)

an extension of approval charge (which is required to be paid under regulation 62(1)(c)) of £110.

(3)

The application charge is—

(a)

for an applicant who is a battery treatment operator—

(i)

if the applicant gives the undertaking mentioned in paragraph (4), £500 for each site in respect of which the application is made;

(ii)

otherwise, £2,590 for each site in respect of which the application is made;

(b)

for an applicant who is an exporter—

(i)

if the applicant gives the undertaking mentioned in paragraph (4), £500;

(ii)

otherwise, £2,590.

(4)

The undertaking referred to in paragraph (3) is an undertaking, in respect of the relevant approval period, to—

(a)

issue batteries evidence notes in respect of not more than 15 tonnes of waste portable batteries; and

(b)

accept not more than 150 tonnes of waste automotive and industrial batteries for treatment and recycling.

(5)

If an approved battery treatment operator or an approved batteries exporter—

(a)

gives the undertaking;

(b)

pays the charge set out in paragraph (3)(a)(i) or (3)(b)(i); and

(c)

subsequently exceeds either of the limits in respect of which the undertaking was given,

that battery treatment operator or exporter is from the date the limit was exceeded liable to pay the appropriate authority the balance of the charge which would have been payable had the undertaking not been given.

Annotations

Marginal citations

M1: 1995 c. 25. Section 41 is amended by regulation 95 of and Schedule 8 to these Regulations. There are other amendments which are not relevant to these Regulations.